Order-10.
Date-09/12/2015.
In this complaint Complainant SougataSaha and other eight complainants by filing this complaint has submitted that op arranged a family trip to Kashmir with a travel agency named ‘Parivar Tours & Travel’ and they gave an amount of Rs. 30,000/- only in advance as per agreement on 03.02.2015 and the rest amount of Rs. 1,00,000/- was paid on 28.03.2015.Payment was made in cash.The trip was scheduled from 12.04.2015 to 22.04.2015.But op has cancelled the tour just seven days before the scheduled date of journey.Op ensured the complainants to return full amount of the payment of Rs. 1,30,000/- within April-2015, but at the end of April-2015 he started to behave in a strange manner and did not cooperate with complainants for returning the said amount.at last on 04.05.2015, the op gave a cheque for a sum of Rs.1,30,000/- dated 30.05.2015.The cheque was deposited to Bank for encashment, but they got bounced on 03.07.2015 due to insufficient fund.After submission of the bounced cheque, op did not receive phone calls of complainants.He is not available in his previous business address.Complainants finding no other way lodged a complaint before this Forum.
In this circumstances, complainants pray for refund of the sum of Rs.1,30,000/- together with a further sum of Rs.1,00,000/- as compensation for mental and physical harassment.
In this case notice is sent to the op on 07.09.2015 but the same was returned with postal endorsement, ‘Unclaimed’ which tantamounts to be good service.But ops did not appear to contest this case.On 17.09.2015, they did not file written version and op did not file questionnaire on 14.10.2015 and op did not file E/chief on 04.11.2015.Gradually we proceeded for Judgement.
Decision with reasons
On proper study of the entire fact of complainant, evidence in chief, it is undisputed fact that complainant booked for tour to be conducted by the op, for which complainant paid Rs. 1,30,000/- and the date of journey was fixed on 12.04.2015.But the tourists were informed preceding to seven days of the journey that the travel agency would not be able to conduct the tour, but if they want to go for tour, they shall have to go at their own cost.Complainants were willing to go for tour, so they wanted to avail of the tour without the op.No doubt the tour operator is a reputed tour and travel agency.For such cancellation, complainants fell in trouble.But op was legally bound to discharge his obligation as service provider to refund the booking amount when they cancelled the tour and deceived though the last payments were made well in advance, so the op was legally bound to conduct the tour when there was a contract as service provider to conduct tour and when the entire amount for tour was taken by the op.So it is no doubt deficient manner of service and also deceitful manner of trade.
No doubt complainants prepared mentally to go for tour so was mentally disheartened and were deceived and in the above situation at their own cost they visited Kashmir.But even after payments complainants were deceived without getting any service.
In the present case after comprehensive study of the entire situation, we have gathered that tour loving people depend upon the tour and travelling agency who are alluring the tourists by offering different lucrative tours and in the present case also complainants were assured that they shall have to visit their expected places under the ops when by their advertisement allured the complainants.So, complainants were mentally prepared for their journey and they were confirmed that they shall have to enjoy it without any trouble or without facing any hindrance because the op shall have to conduct the tour and truth is that itinerary was given and in the said itinerary details of the tour programme was there.Accordingly complainants were mentally prepared and they are enjoying that their dreams shall be fulfilled as because they were very much satisfied about the assurance of the op and as per demand of op, paid the entire amount of the tour that is Rs. 1,30,000/-.
Thereafter complainantscaneclled the tour without showing any reason.It is no doubt very unfair conduct of the op as the service provider and also as tour and travel business man which is nothing but a deceitful manner of trade and at the same time they gave a hoax to the complainants and other tourists which is proved in this case and such a conduct is no doubt unfair trade practice which is further proved from the fact as per contract it was the duty of the op to refund the money forthwith when op cancelled the tour.But without adopting that procedure they only reported that the tour is cancelled but the fund was not refunded and that is still within the grip of the op and by spending the same, they have been conducting other tours and at the same time getting profit from their business.But the complainants are deceived to get refund as yet which tantamounts to deceitful manner of trade.
Particularly in this case it is clear that purposefully op received the entire amount from the customers like the complainant including other tourists and they invested the same to some other business and got profit.But peculiar factor is that op did not turn up to contest this case even after receipt of the summon if actually they had their any defence to dislodge the allegation of the complainants, in that case as honest travel agency must have to appear before this Forum to submit their defence against the complainants’ version.But as because the op has his no say and spirit to defy the allegation of the complainants, op is found absent even after receipt of the notice of the complaint.It indicates that somehow or otherwise op managed to collect the said amount and it is their business to deceive the customer in so many manners and when any complaint is filed, op was absent in the proceeding because their purpose is solved by deceiving the customers and such a deceitful manner of act on the part of the op is proved when complainants no doubt are deceived even after payment of the entire tour amount of Rs. 1,30,000/-.The very nature and conduct of the op simply proves their activity as a deceitful business man and at the same time their manner of adopting unfair trade practice is the common practice of most of the tour and travel agency in West Bengal and the present op is a pioneer in the field to deceivethe tourists in such a manner when the op did not appear and did not challenge the complainants’ allegation, then relying upon the unchallenged testimony of the complainants’ and documents, we are convinced that only for the purpose of the deceiving the complainants, they allured the tourists like the complainant and deceived them and ultimately at the fag end of the starting of the journey this procedure adopted so that in the meantime they may change his address or somehow or otherwise shift the business to someotherunknown place and to continue the business as a public cheater who are deceiving the complainants.
In the light of the above findings we are inclined to hold that the present complainants are deceived by the op and op no doubt adopted unfair trade practice and at the same time they have not discharge their legal responsibility as per contract to conduct the tour and alternatively they have their scope after cancelling the tour to refund the same and that has also been refused and such an act on the part of the op is proved unfair trade practice and negligent and deficient manner of service for which we are convinced that complainants have been able to prove the allegations against op beyond any manner of doubt for which the complaint succeeds.
Hence, it is
Ordered,
That the complaint be and the same is allowed on contest against the op with cost of Rs.10,000/-.
Op is directed to refund Rs. 1,30,000/- to complainants.
Op is also further directed to pay compensation of Rs. 14,000/- for adopting unfair trade practice and harassing the complainants.
Op shall have to comply the order very strictly within 30 days from the date of this order, failing which for each day’s delay and disobedience of Forum’s order, op shall have to pay punitive damages at the rate of Rs.200/- per day till full satisfaction of the decree and if it is collected, it shall be deposited to this Forum and for disobedience Forum’s order, the penal proceeding u/s 25 read with Section 27 of C.P. Act, 1986 shall be imposed against op for which further penalty and fine shall be imposed upon op.
